Wolfe v. Town of Windham

Plaintiffs appealed to the superior court pursuant to RSA 238:4 for an assessment of damages arising from a discontinuance of a road by the town of Windham. Trial by jury resulted in a verdict for the town. Plaintiffs’ exceptions to certain jury instructions given by the trial judge were reserved and transferred by Mullavey, J. This appeal poses the question of the correctness of the trial court’s interpretation of the law as embodied in the jury instructions.

In 1962 plaintiffs owned a 60-acre tract with approximately 1,750 feet frontage on Spear Hill Road, a public road partially within the…